Allowed

Karthika.R.Pillai v. Santhosh.C.S

Kerala HC19 Jul 2023Tr.P(C)/352/2023

Case brief

AI extract

What is this about?

This transfer petition sought to move a divorce case from the Family Court at Kollam to Mavelikara. The husband objected due to jurisdictional residency issues and the child's schooling location. The court settled the transfer considering the pendency of related cases.

What did the court decide?

The appeal against the Family Court, Kollam stands withdrawn and transferred to the Family Court, Mavelikara for joint consideration.

Karthika.R.Pillai Vs Santhosh.C.S — Matrimonial and Divorce | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.SOMARAJAN

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WEDNESDAY, THE 19TH DAY OF JULY 2023 / 28TH ASHADHA, 1945
TR.P(C) NO. 352 OF 2023

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O.P.(HMA)NO.433/2023 OF FAMILY COURT, KOLLAM

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PETITIONER/RESPONDENT:

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KARTHIKA.R.PILLAI,
AGED 35 YEARS,
W/O. SANTHOSH.C.S,
KARTHIS PADA SOUTH,
KARUNAGAPALLY
NOW RESIDING AT CHOONATTU AISWARYA,
VALLIKUNNAM P.O, MAVELIKARA THALUK
ALAPUZHA, PIN – 690 501
BY ADVS.
V.VIJITHA
HARISHMA P. THAMPI

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RESPONDENT/PETITIONER:

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SANTHOSH.C.S,
AGED 43 YEARS,
S/O. SASIDARANPILLAI,
CHIRAKKARA PUTHENVEEDU (GOWREESWARAM),
KOTTACKAKAM, PERINAD, THRIKKADAVOOR,
KOLLAM., PIN – 691 601
BY ADVS.
RAJESH R.(VARKALA)
MANU RAMACHANDRAN
M.KIRANLAL
SAMEER M NAIR
GEETHU KRISHNAN
SAILAKSHMI MENON

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THIS TRANSFER PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
19.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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TR.P(C) NO. 352 OF 2023

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ORDER

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The wife came up for getting transfer of the case pending before the Family Court, Kollam, initiated by the husband for getting divorce, to the Family Court, Mavelikara, wherein the other two connected cases are pending, initiated by her. It was objected by the husband on two reasons – (i) She is a resident of Karunagappally and not a resident of Vallikunnam. (ii) On the reason that their child is studying in Vivekananda School, which is situated very near to Karunagapally. It is submitted that a fake address was used so as to get the transfer of the case to the Family Court at Mavelikara. The original petition filed by the respondent/husband before the family court for getting divorce was also brought to the notice of this Court, in which notice of the respondent was served on the address at Karunagappally. No document worth the name was produced along with the petition in order to show that she is having a residence at Vallikunnam. But taking into account the pendency of two other cases before the Family Court at

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TR.P(C) NO. 352 OF 2023

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Mavelikara and also the convenience of the minor child and the petitioner, it is fit and proper to withdraw the case pending before the family court to the court at Maveilkara so as to have a joint consideration of all three cases. Hence, O.P.(HMA)No.433/2023 pending before the Family Court, Kollam will stand withdrawn and transferred to the Family Court at Mavelikara. The parties shall appear before that court on the next posting of any of the cases pending before that court between the same parties whichever comes first.

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The Transfer Petition will stand allowed accordingly.

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Sd/-

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P.SOMARAJAN JUDGE

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rkr-19/07

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TR.P(C) NO. 352 OF 2023

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APPENDIX OF TR.P(C) 352/2023

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PETITIONER ANNEXURES
Annexure A1A TRUE COPY OF THE MEMORANDUM IN OP NO.
(OTHERS) NO.350/2023 PENDING BEFORE THE
HON'BLE FAMILY COURT, MAVELIKARA
Annexure A2A TRUE COPY OF THE PETITION IN MC NO.53/2023
PENDING BEFORE THE HON'BLE FAMILY COURT,
MAVELIKARA
Annexure A3A TRUE COPY OF THE NOTICE DATED 10.05.2023 IN
OP NO.(HMA) NO.433/2023 PENDING BEFORE THE
HON'BLE FAMILY COURT, KOLLAM

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RESPONDENT ANNEXURES NIL

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TRUE COPY

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P.A.TO JUDGE

Karthika.R.Pillai v. Santhosh.C.S

Case brief

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Karthika.R.Pillai v. Santhosh.C.S

Case brief

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